Thursday, June 12, 2008

U.S. Supreme Court Rules that Individuals Held in Guantanamo Can Challenge Their Detentions

Scotus_2 Huge decision just handed down by the U.S. Supreme Court.  The Military Commissions Act is an unconstitutional suspension of the writ of habeas corpus, and persons detained in Guantanamo can challenge their detentions.  Amazing language in the decision that will restore your faith in the U.S. Constitution and the rule of law, such as the need for "fidelity to freedom's first principles, chief among them being freedom from arbitrary detention and unlawful restraint."  Click here for the decision in Click here for the decision in Boumediene v. Bush.

The American Society of International Law has several background resources available on Boumediene v. Bush, including an information on the international law questions related to the 2006 Military Commissions Act declared unconstitutional in today's decision.  Click here.

The U.S. Supreme Court also today ruled in a the cases of Mohammad Munaf and Pete Green, two U.S. citizens who challenged their detentions in Iraq.  Click here

A third international law case decided today is The Republic of the Philippines v. PimentelClick here.

(mew)

http://lawprofessors.typepad.com/international_law/2008/06/us-supreme-co-1.html

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